S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    275
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, ADDABBO, AVELLA, KAMINSKY, KENNEDY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Civil Service and Pensions
 
 AN  ACT to amend the retirement and social security law and the legisla-
   tive law, in relation to forfeiture of pension  rights  or  retirement
   benefits upon conviction of a felony related to public employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 157-a to read as follows:
   § 157-A. PENSION FORFEITURE; PER DIEM EXPENSE ACCEPTANCE. 1. ANY STATE
 OFFICER OR LOCAL OFFICER, AS SUCH TERMS ARE DEFINED IN  SECTION  TWO  OF
 THE  PUBLIC OFFICERS LAW, WHO ACCEPTS COMPENSATION FROM THE STATE IN THE
 FORM OF REIMBURSEMENT FOR PER DIEM EXPENSES, IN WHOLE OR IN PART, AND IS
 CONVICTED IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION  OF  A
 FELONY  RELATED  TO  PUBLIC  OFFICE,  SHALL  BE SUBJECT TO FORFEITURE OF
 RIGHTS OF PRIVILEGES UNDER A PUBLIC RETIREMENT SYSTEM OR PENSION PLAN.
   2. THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR, FIVE, SIX,  SEVEN,
 EIGHT,  NINE,  TEN, ELEVEN, TWELVE, THIRTEEN AND FOURTEEN OF SECTION ONE
 HUNDRED FIFTY-SEVEN OF THIS ARTICLE SHALL APPLY TO  ANY  ACTION  FOR  AN
 ORDER  TO  REDUCE OR REVOKE THE PENSION TO WHICH SUCH PUBLIC OFFICIAL IS
 OTHERWISE ENTITLED FOR SERVICE AS A PUBLIC OFFICIAL.
   § 2. Subdivision 2 of section 5 of the legislative law,  as  added  by
 section  7  of  part CC of chapter 56 of the laws of 2015, is amended to
 read as follows:
   2. (a) Each member of the legislature, upon  verification  of  attend-
 ance,  which  shall  be  by electronic verification when practicable, in
 compliance with the policies set forth by the speaker  of  the  assembly
 and  the  temporary president of the senate for their respective bodies,
 shall be eligible to receive payment  of  actual  and  necessary  travel
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05311-01-7

 S. 275                              2
 
 expenses  and  a per diem equivalent to the most recent federal per diem
 rates published by the general services administration as set  forth  in
 41  CFR  (Code of Federal Regulations) Part 301, App. A, for the time in
 which  the  member was in travel status in the performance of his or her
 duties during the months in which the legislature is scheduled to be  in
 regular session. During the months when the legislature is not scheduled
 to  be  in regular session, members shall receive such actual and neces-
 sary travel expenses and per  diems,  in  compliance  with  verification
 policies and in accord with standards and limits for reimbursable events
 set  forth by the speaker of the assembly and the temporary president of
 the senate for their respective bodies. The per diem allowances  includ-
 ing  partial  per  diem allowances shall be made on audit and warrant of
 the comptroller on vouchers approved by the temporary president  of  the
 senate  or his or her designee and speaker of the assembly or his or her
 designee for their respective houses.
   (b) Each house shall make available on its website  all  documentation
 otherwise  available  to  the public pursuant to section eighty-eight of
 the public officers law related to the payment of  travel  expenses  and
 per diems.
   (C)  ANY  STATE OFFICER OR LOCAL OFFICER, AS SUCH TERMS ARE DEFINED IN
 SECTION TWO OF THE PUBLIC OFFICERS LAW, WHO  ACCEPTS  COMPENSATION  FROM
 THE  STATE  IN THE FORM OF REIMBURSEMENT FOR PER DIEM EXPENSES, IN WHOLE
 OR IN PART, AND IS CONVICTED IN ANY FEDERAL OR STATE COURT OF  COMPETENT
 JURISDICTION  OF  A FELONY RELATED TO PUBLIC OFFICE, SHALL BE SUBJECT TO
 FORFEITURE OF RIGHTS OF PRIVILEGES UNDER A PUBLIC RETIREMENT  SYSTEM  OR
 PENSION  PLAN.  THE  PROVISIONS  OF SUBDIVISIONS TWO, THREE, FOUR, FIVE,
 SIX, SEVEN, EIGHT, NINE, TEN, ELEVEN, TWELVE, THIRTEEN AND  FOURTEEN  OF
 SECTION  ONE  HUNDRED  FIFTY-SEVEN OF THE RETIREMENT AND SOCIAL SECURITY
 LAW SHALL APPLY TO ANY ACTION FOR AN  ORDER  TO  REDUCE  OR  REVOKE  THE
 PENSION  TO WHICH SUCH PUBLIC OFFICIAL IS OTHERWISE ENTITLED FOR SERVICE
 AS A PUBLIC OFFICIAL.
   § 3. This act shall take effect immediately.